STF First Panel Convicts ‘Disinformation’ Cell in Coup Case as Fux Seeks Transfer

Overview

• By 4–1, the Supreme Court’s First Panel convicted all seven defendants of Núcleo 4, finding they coordinated false narratives that undermined Brazil’s electoral process.
• Alexandre de Moraes, Cristiano Zanin, Cármen Lúcia and Flávio Dino formed the majority, with Dino asserting a causal link between the disinformation drive and the January 8, 2023 attacks.
• Luiz Fux dissented and voted to acquit, arguing preparatory expressions cannot be criminalized, the alleged acts lacked capacity to seize power, and the panel lacks competence for these trials.
• Fux formally asked to move to the Second Panel after a vacancy opened with Luís Roberto Barroso’s retirement, and Fachin will determine both the transfer and Fux’s participation in already scheduled cases.
• The panel now turns to sentencing; convictions can be appealed and do not trigger automatic imprisonment, with trials of other núcleos slated for November 11 and December 9.